In 1966, Colorado voters passed a constitutional amendment that abolished partisan elections for state court judges and established a new merit selection system for the nomination, appointment, and retention of state court judges. The constitutional amendment provides that state court judges be appointed rather than elected on a political ticket. The system eliminates the influence of partisan politics, striking a balance between an independent judiciary, while maintaining public accountability.

Each time a vacancy occurs, the Governor selects a new judge from a list of two or three highly qualified nominees chosen by a judicial nominating commission. The judge serves a two-year provisional term before his or her name is on the ballot for retention. Once retained, the judge serves a fixed term – four years for county court judges, six years for district court judges, eight years for court of appeals judges, and ten years for supreme court justices – before his or her name is on a retention ballot again. There is no limit on the number of terms a judge may serve, but the mandatory retirement age is 72.

Please see the brochure from the Colorado judicial branch website at:
http://www.courts.state.co.us/userfiles/File/Media/Brochures/howajudge.pdf

State court judges are county court judges, district court judges, court of appeals judges, and supreme court justices.

The following judges are not state court judges: Denver County judges (appointed by the Mayor of Denver); municipal court judges serving the cities and towns throughout the state of Colorado; administrative law judges located in the executive branch of government; federal judges and magistrates; and state court magistrates.

Although the Denver County judges are not state court judges, the local district judicial performance commission also evaluates the Denver County judges.

All judges stand for retention election after serving a two-year provisional term. County court judges then stand every four years, district court judges every six years, court of appeals judges every eight years, and Supreme Court justices every ten years.

Commissions on judicial performance provide voters with fair, responsible, and constructive evaluations of judges and justices seeking retention in general elections. The results of the evaluations also provide judges with information that can be used to improve their professional skills as judicial officers.

There is one commission in each of the 22 judicial districts and one state commission.

District commissions evaluate the county and district judges in the judicial district. A state commission evaluates the justices of the Supreme Court and judges of the Court of Appeals.

Map of Judicial Districts

Each commission consists of 10 volunteer citizen commissioners: four attorneys and six non-attorneys.

Appointments are made by the Chief Justice of the Colorado Supreme Court, the Governor of Colorado, the Colorado Speaker of the House, and Colorado President of the Senate.

The Chief Justice and the Governor appoint one attorney and two non-attorneys; the Speaker of the House and the President of the Senate appoint one attorney and one non-attorney.

Yes. Unlike nominating commissions, commissions on judicial performance are non-partisan.

Please see the Roster for each judicial district.

Commissions prepare a narrative that includes the recommendation to voters on the retention of the judge. To evaluate the overall performance of a judge, commissions are required to use the following information:

• Results from surveys sent to persons who have sufficient experience with a judge: attorneys (including prosecutors, public defenders, and private attorneys), jurors, litigants, law enforcement personnel, employees of the court, court interpreters, employees of probation offices, employees of local departments of social services, victims of crime, and other judges and justices.
• Information from observing the judge in the courtroom
• Information furnished by the judge in a self-evaluation
• Review of decisions/opinions
• Review of individual judge statistics
• Interview with the judge
• In addition, commissions may use the following information:
  • Information and documentation from interested persons
  • Information from interviews with justices and judges and other persons
  • Information from public hearings

When people appear in court, their names are entered into the court’s computerized database. The state commission has contracted with an independent research company to randomly select names and addresses from this database. Those people will receive surveys with questions about judges whom they have observed. In some areas where a judge hears few cases, all those who have observed the judge may be surveyed.

The completed surveys are returned to the independent research company conducting the survey. That company compiles the results of all the completed questionnaires it receives into a composite report to be supplied to the commissions on judicial performance and judges. Individual survey questionnaires, including written comments, remain confidential. Judges and commissioners do not know the names of the people who make comments or what ratings specific individuals give the judges.

No. Judges and commissioners will not see individual questionnaires. They will only be able to see the composite report that compiles the results of all returned questionnaires. That report will include written comments provided by people being surveyed.

Yes. In early August of 2010, survey results of the judges standing for retention election in November 2010, along with the commission’s narratives and recommendations will be available on the Office of Judicial Performance Evaluation’s website at www.coloradojudicialperformance.gov. You may also review past evaluation results of judges who stood for retention from 1998 through 2008.

Since the survey is based on a random sampling of people who have appeared before the judge, only those persons randomly selected by the independent research firm can fill out the official questionnaire. However, if you would like to make written comments about a judge, you may write a letter your local district commission on judicial performance. The letter must include your name and address and the judge will receive a copy of the letter. You may e-mail Executive Director Jane Howell for the address of your local commission.

Commissions do review some decisions of the judge as part of the overall evaluation of the judge’s legal knowledge, reasoning, and communication skills. However, commissions have no authority to second guess, change, or reverse any judge’s decision in any case.

In 1966, the people of Colorado passed a constitutional amendment that abolished partisan elections of state court judges and established a new merit selection system for the nomination, appointment, and retention of judges. In other words, judges are chosen because they are qualified to hold the office, regardless of party affiliation, and are periodically reviewed based on evaluation of judicial skills, regardless of party affiliation.

In a merit selection and retention system, judges stand for retention election and therefore do not run against an opponent. The question on the ballot is: “Shall Justice (Judge) … of the Supreme (or other) Court be retained in office?” Yes/No.

In fact, under the Colorado Code of Judicial Conduct, judges are prohibited from campaign activity unless there is active opposition to his or her retention in office. This removes partisan politics and political campaigns from the retention process.

No. The commission on judicial performance evaluates the overall performance of a judge.

The Commission on Judicial Discipline has separate responsibility for judicial disciplinary matters.

No. Since, state court magistrates are employees of the judicial district, they are evaluated yearly along with all other employees. Complaints about the job performance of a magistrate may be made to the district administrator.

Since magistrates are attorneys, complaints should be directed to the Office of Attorney Regulation Counsel.

The Office of Attorney Regulation Counsel investigates complaints against attorneys.

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